In Re: Steven Kramer, 193 F.3d 1131 (9th Cir. 1999). · Go Syfert
In Re: Steven Kramer, 193 F.3d 1131 (9th Cir. 1999). Cases Citing This Book View Copy Cite
54 citation events (50 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
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At page 1132 citations and internal quotations omitted16 citing cases3 citing courts put it this way
  • Lopez v. CoreCivic, No. 2:19-cv-04332 (D. Ariz. Dec. 9, 2021).
    ([A] state court’s 23 disciplinary action is not conclusively binding on federal courts.)
  • Complot v. Absolute Resolution Investments LLC, No. 2:23-cv-01945 (D. Ariz. Oct. 13, 2023).
    Cal. 2022) (collecting 13 cases).2 And although “district courts have the authority to supervise and discipline the 14 conduct of attorneys who appear before them,” In re Kramer, 193 F.3d 1131, 1132 (9th 15 Cir. 1999), “[t]he two judicial…
  • Wickersham v. Eastside Distilling, Inc., No. 3:20-cv-02182 (D. Or. Sept. 14, 2023).
    In re Kramer, 193 F.3d 1131, 1132 (9th Cir. 1999); see also In re Snyder, 472 U.S. 634, 643 (1985).
  • In Re Corrinet, 645 F.3d 1141 (9th Cir. 2011).published 2 cites
    (explaining that the district courts’ “inherent authority to suspend or disbar lawyers.... must be exercised within the parameters of due process” (citations omitted))
  • In Re: John Scannell, 411 F. App'x 110 (9th Cir. 2011).unpublished
    In re Kramer, 193 F.3d 1131, 1132 (9th Cir. 1999) (citing Theard v. United States, 354 U.S. 278, 281-82 , 77 S.Ct. 1274 , 1 L.Ed.2d 1342 (1957)).
  • In re Gadda, 209 F. App'x 742 (9th Cir. 2006).unpublished
    R. 11 — 7(b)(2); see also Selling v. Radford, 243 U.S. 46, 50-51 , 37 S.Ct. 377 , 61 L.Ed. 585 (1917) (holding that a federal court may impose reciprocal discipline unless an independent review of the state procedure reveals that it was wa…
  • In Re Gerald D.W. North, 383 F.3d 871 (9th Cir. 2004).published 3 cites
    Kramer, 193 F.3d at 1132 (internal citations, quotation marks and alterations omitted).
  • Ofc Disciplinary v. Surrick, No. 01-2783P (3d Cir. Aug. 1, 2003).published 2 cites
    (citations and internal quotations omitted)
  • In Re: Robert B. Surrick, 338 F.3d 224 (3d Cir. 2003).published 4 cites
    (citations and internal quotations omitted)
  • In Re Wightman-Cervantes, 236 F. Supp. 2d 618 (N.D. Tex. 2002).published
    “It is not uncommon that district courts generally impose discipline on members of their bar who are disciplined in another jurisdiction.” Smith, 123 F.Supp.2d at 354 -55 (quoting In re Kramer, 193 F.3d 1131, 1132 (9th Cir.1999)). “[W]hen…
Show 6 more citing cases
  • In re Waltz, 42 F. App'x 991 (9th Cir. 2002).unpublished 2 cites
    In re Kramer, 193 F.3d 1131, 1132 (9th Cir.1999).
  • In re Martin, 21 F. App'x 763 (9th Cir. 2001).unpublished
    Cf. In re Kramer, 193 F.3d 1131, 1132-33 (9th Cir.1999).
  • In Re McTighe, 131 F. Supp. 2d 870 (N.D. Tex. 2001).published
    “It is not uncommon that district courts generally impose discipline on members of their bar who are disciplined in another jurisdiction.” Smith II, 123 F.Supp.2d at 354 -55 (quoting In re Kramer, 193 F.3d 1131, 1132 (9th Cir.1999)). “[W]h…
  • In Re Smith, 123 F. Supp. 2d 351 (N.D. Tex. 2000).published
    “It is not uncommon *355 that district courts generally impose discipline on members of their bar who are disciplined in another jurisdiction.” In re Kramer, 193 F.3d 1131, 1132 (9th Cir.1999). “[W]hen a district court learns that a member…
  • In Re Mary Poole, Debtor. Russell A. Brown, Chapter 13 Tr. v. Michael T. Smith, 222 F.3d 618 (9th Cir. 2000).published
    In re Kramer, 193 F.3d 1131, 1132 (9th Cir.1999) (citing Selling, 243 U.S. at 50-51, 37 S.Ct. 377 ).
  • In Re Smith, 100 F. Supp. 2d 412 (N.D. Tex. 2000).published
    (citations and internal quotation marks omitted)
At page 1133 due process provided when district court issues an order to show cause to the respondent attorney and reviews the state record8 citing cases5 citing courts put it this way · passage not found verbatim in the opinion (89%)
  • In The Matter of: Gary Victor Dubin, No. 1:20-cv-00419 (D. Haw. Sept. 30, 2021).
    (Kramer I)
  • Albert v. Gonzalez, No. 23-3322 (9th Cir. Aug. 20, 2024).unpublished
    Independent examination of the record is not necessary when an attorney “concedes that the action of the [state] courts satisfies Selling and its progeny.” In re Kramer, 193 F.3d 1131, 1133 (9th Cir. 1999).
  • In The Matter of: Gary Victor Dubin, No. 1:20-cv-00419 (D. Haw. July 9, 2021).
    See In re Kramer, 193 F.3d 1131, 1133 (9th Cir. 1999) (citations omitted); In re Kay, 481 F. App’x 407, 408 (9th Cir. 2012) (“Kay’s contention that the district court violated his due process rights when it did not conduct an evidentiary h…
  • In Re: David Harper V., 586 F. App'x 372 (9th Cir. 2014).unpublished 2 cites
    (due process provided when district court issues an order to show cause to the respondent attorney and reviews the state record)
  • Philip Edward Kay V., 481 F. App'x 398 (9th Cir. 2012).unpublished
    (due process provided when district court issues an order to show cause to the respondent attorney and reviews the state record)
  • In Re: Philip E. Kay V., 481 F. App'x 407 (9th Cir. 2012).unpublished
    (due process provided when district court issues an order to show cause to the respondent attorney and reviews the state record)
  • In re Shalant, 307 F. App'x 69 (9th Cir. 2009).unpublished 2 cites
    ([A]t a minimum, the district court should issue an order to show cause to [the attorney] and ... the district court should review the state court record.)
  • In re: Jussi Kustaa, 493 F. App'x 762 (7th Cir. 2012).unpublished
    ([A]t a mini *766 mum, the district court should issue an order to show cause to Kramer and, unless he concedes that the action of the New York courts satisfies Selling and its progeny, the district court should review…)
At page 1131 “this includes the inherent authority to suspend or disbar lawyers,”0 citing cases2 citing courts quote it
    Retrieving the full opinion text from the archive…
    In Re Steven KRAMER, Petitioner-Appellant
    98-56919.
    Court of Appeals for the Ninth Circuit.
    Oct 12, 1999.
    Published opinion
    193 F.3d 1131
    99 Cal. Daily Op. Serv. 8339
    1999 U.S. App. LEXIS 25352
    1999 WL 809229
    Steven M. Kramer, Beverly Hills, California, representing himself.
    Reinhardt, Hawkins, Whyte.
    Cited by 32 opinions  |  Published
    Pinpoint authority: bottom 53%
    MICHAEL DALY HAWKINS, Circuit Judge:

    Steven Kramer (“Kramer”) appeals the order removing his name from the roll of those authorized to appear in the Central District of California. On September 25, 1998, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Court”), notified the Central District that it had recently disbarred Kramer for numerous ethical violations committed in New York and New Jersey. Pursuant to its local rule 1.9, the district court then issued an order disbarring Kramer. Local Rule 1.9 provides:

    Upon receipt of reliable information that a member of the Bar of this Court ... has been (1) suspended or disbarred from the practice of law by the order of any United States Court, or by the Bar, Supreme Court, or other governing authority of any State ..., this Court shall immediately impose an order of suspension or disbarment. This Court’s order of suspension or disbarment shall be filed by the Chief Judge without the necessity of any notice to the affected attorney or any hearing....

    Kramer’s main contention is that this rule fails to provide due process.

    There is little question but that district courts have the authority to supervise and discipline the conduct of attorneys who appear before them. See In re Hoare, 155 F.3d 937, 940 (8th Cir.1998); Erickson v. Neumar Corp., 87 F.3d 298, 300 (9th Cir.1996). This includes the “inherent authority to suspend or disbar lawyers.” See In re Snyder, 472 U.S. 634, 643, 105 S.Ct. 2874, 86 L.Ed.2d 504 (1985). Such power, however, must be exercised within the parameters of due process. See, e.g., In re Ruffalo, 390 U.S. 544, 550, 88 S.Ct. 1222, 20 L.Ed.2d 117 (1968); Partington v. Gedan, 961 F.2d 852, 865 (9th Cir.1992); Rosenthal v. Justices of the Supreme Court of California, 910 F.2d 561, 564-65 (9th Cir.1990); Clark v. State of Washington, 366 F.2d 678, 680 (9th Cir.1966); In Re Los Angeles County Pioneer Society, 217 F.2d 190, 193-94 (9th Cir.1954).

    It is not uncommon that district courts generally impose discipline on members of their bar who are disciplined in another jurisdiction. See In Re Hoare, 155 F.3d 937, 940 (8th Cir.1998). Nevertheless, a state court’s disciplinary action is not conclusively binding on federal courts. See Theard v. United States, 354 U.S. 278, 281-82, 77 S.Ct. 1274, 1 L.Ed.2d 1342 (1957) (“The short of it is that disbarment by federal courts does not automatically flow from disbarment by state courts.”); Selling v. Radford, 243 U.S. 46, 50-51, 37 S.Ct. 377, 61 L.Ed. 585 (1917); see also In Re Attorney Discipline Matter, 98 F.3d 1082, 1086 (8th Cir.1996).

    The Supreme Court has addressed this issue, albeit some time ago. In Selling v. Radford, 243 U.S. 46, 50-51, 37 S.Ct. 377, 61 L.Ed. 585 (1917), the Court held that a federal court could impose reciprocal discipline on a member of its bar based on a state’s disciplinary adjudication, if an independent review of the record reveals: (1) no deprivation of due process; (2) sufficient proof of misconduct; and (3) no grave injustice would result from the imposition of such discipline. Thus, while federal courts generally lack subject matter jurisdiction to review the state court decisions, see D.C. Court of Appeals v. Feld [*1133] man, 460 U.S. 462, 486, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413, 415-16, 44 S.Ct. 149, 68 L.Ed. 362 (1923), a federal court may “examine a state court disciplinary proceeding if the state court’s order is offered as the basis for suspending or disbarring an attorney from practice before a federal court.” MacKay v. Nesbett, 412 F.2d 846, 847 (9th Cir.1969) (citing Theard v. United States, 354 U.S. at 281-82, 77 S.Ct. 1274). [3]

    From the sparse record available to us here, it does not appear that the district court, prior to disbarring him, gave Kramer any notice, conducted any hearing or issued him an order to show cause. There is also no evidence that the district court engaged in an independent review of the New York court’s record. Instead, Kramer’s disbarment appears to have been based solely on the New York court’s order.

    The due process requirements established by Selling mean that, at a minimum, the district court should issue an order to show cause to Kramer and, unless he concedes that the action of the New York courts satisfies Selling and its progeny, the district court should review the state court record. Cf. In Re Thies, 662 F.2d 771, 772 (D.C.Cir.1980); In Re Jones, 506 F.2d 527, 528-29 (8th Cir.1974). Because there is no evidence before us that such an inquiry occurred, the district court’s order is REVERSED and this matter is REMANDED to the district court for proceedings consistent with this opinion.

    3

    . "Although this court must examine the record to determine whether any of the Selling infirmities exist, the court must accord a presumption of correctness to the state court factual findings.” In re Rosenthal, 854 F.2d 1187, 1188 (9th Cir.1988) (citation omitted).